GFTU Emplaw Emplaw Emplaw

Ahmed & Others, Pannu & Others, Grace v Geo W King (in liquidation) & Others - provision of goods, and TUPE "SPC" transfers

A TUPE transfer by way of a Service Provision Change can only occur when what the organised grouping of employees provides is a service: it does not cover the situation where what that group of employees mainly supplies are goods.  

All claimants worked on GWK's axle production line, until 30 April 2009 when they were dismissed and GKN ceased production. The axles made by the claimants had been supplied, under contract, to IBC, who made vehicles; IBC put in place a new contract with Premier for the assembly of parts previously made by GWK.

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